Del. P.J.I. Crim. No. 4.14

SEPARATE SEXUAL ACTS OR ONE CONTINUOUS SEXUAL ACT

The defendant is charged with [#] separate counts of [sexual offense]. In

order to find the defendant guilty on each count, you must conclude, beyond a

reasonable doubt, that separate and distinct acts occurred.

In determining whether separate and distinct acts occurred, you may

consider the following factors: the time period between the acts; any change in

location; the nature of the acts; whether the defendant intended to commit a

separate, additional sexual act; and whether the defendant’s muscle contraction or

ejaculation completed a separate and distinct act. Please note that, under Delaware

law, the defendant may be found guilty of a sexual offense even where there is no

evidence of ejaculation or emission.

While you may consider the factors I have just described, you must use your

common sense and consider all the evidence to decide whether the defendant

committed separate and distinct sexual acts, or one continuous sexual act. If you

conclude that there was one continuous sexual act, then you must find the defendant

guilty on just one count, and you must find the defendant not guilty on the other

counts.